Alstom Limited

[2014] FWCA 2789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Alstom Limited
(AG2014/822)

ALSTOM LIMITED ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 29 APRIL 2014

Application for approval of the Alstom Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Limited Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Alstom Limited. The agreement is a greenfields agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 May 2014. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Alstom Limited sought approval for the Alstom Limited Enterprise Agreement 2014. The applicant, a company in the transport and infrastructure sector, aimed to establish terms and conditions for its employees as per the Fair Work Act 2009. The dispute centred around whether the agreement met the legal standards for fair and reasonable terms and conditions of employment.

The court had to determine if the agreement complied with the formal requirements set out in the Fair Work Act, including provisions on notice and public comment, and if it met the substantive fairness test. The primary concern was whether the proposed agreement provided fair and reasonable terms and conditions for the employees, considering factors such as the nature of the enterprise, the workforce, and any relevant industry benchmarks.

The Fair Work Commission assessed the agreement against statutory criteria and found that it met all formal requirements, including appropriate notice and public comment periods. The substantive fairness of the agreement was also upheld, as it provided fair and reasonable terms that balanced the interests of the employer and employees. The commission noted the agreement's provisions on wages, hours, and other conditions were consistent with industry standards and did not disadvantage the workforce.

The Fair Work Commission approved the Alstom Limited Enterprise Agreement 2014, finding it met all legal requirements and provided fair and reasonable terms for employees. The decision was based on a comprehensive review of the agreement's provisions and its alignment with the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established